EB-2 NIW USCIS Appeal Review – Entrepreneur and International Educational Consultant – MAY302023_05B5203

Date of Decision: May 30, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Education Policy and Management

Petitioner Information

Profession: Entrepreneur and International Educational Consultant
Field: International Education Policy and Management
Nationality: Georgian

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Remanded

Evidentiary Criteria Analysis

Criteria Met:

Substantial Merit and National Importance: The petitioner’s endeavor to establish an educational consulting service aimed at assisting international students was acknowledged to have substantial merit and national importance. However, the original decision lacked a detailed explanation, prompting a need for further review.

Criteria Not Met:

Well Positioned to Advance the Proposed Endeavor: The Director initially found insufficient evidence that the petitioner was well-positioned to advance her endeavor, despite her relevant skills and experience. The lack of detailed evaluation in the decision was cited as a reason for remand.

Key Points from the Decision

Proposed Endeavor:
The petitioner plans to offer online counseling and academic support services, managing and overseeing business operations to ensure individualized coaching and advice for international students.

Substantial Merit and National Importance:
The business aims to contribute to the internationalization of U.S. higher education and support economic growth by assisting talented international students.

On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The decision did not properly weigh the evidence or address the petitioner’s claims regarding the benefit to the United States, leading to the remand for a more thorough evaluation.

Supporting Evidence

The petitioner submitted a detailed business plan outlining the structure and goals of her educational consulting service, which includes individualized support for students aiming to study in the U.S.

Inconsistencies in Proposed Endeavor

The decision noted a potential shift in the petitioner’s proposed endeavor, which was not originally documented, prompting concerns about eligibility at the time of filing and the need for a new petition if significant changes were made.

Supporting Documentation

Business Plan:
Outlined the operational structure and educational goals of the consulting service, emphasizing its potential impact on U.S. higher education and economic growth.

Conclusion

The appeal was remanded to reevaluate the substantial merit and national importance of the petitioner’s endeavor, her positioning to advance this endeavor, and the overall benefit of waiving the job offer requirement. The Director must address all evidence presented and provide a comprehensive analysis in the new decision.

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